Advisory Opinion: 1270

Year Issued: 1989

RPC(s): RPC 5.4(b); 5.5(b); 7.1

Subject: Division of fees with nonlawyer; association with nonlawyer as medical ethics consultant

The Committee reviewed your inquiry concerning your proposal to associate with a non-lawyer to work as a consultant on medical ethics. The Committee understood that you do not intend to be either a partnership or corporation, but intend to join your names in a way that would convey association to the public. The Committee is of the opinion that whether your proposal would constitute the practice of law is a question of law, which the Committee cannot determine, but that to the extent that you would be practicing law, you could not share fees with a non-lawyer. Also, in that regard, the Committee directed that your attention be called to RPC 7.1 regarding law firm names, for your consideration regarding holding yourself out as a lawyer in promoting your consultant practice.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.